One of our Fullerton clients was approved for a conditional resident green card based on her same sex marriage to her US citizen wife. The couple married earlier this year and we filed for the adjustment of status in May 2015. Six months later, we attended the adjustment of status interview at USCIS in Santa Ana.

Our clients have known each other for many years, but they were both previously married to men. It wasn't until the last couple years that they divorced and began a romantic relationship with each other.

With our concurrent visa petition/adjustment of status filing we were careful to provide proof of prior divorces along with ample evidence of our clients' good faith marriage. We included photos of holidays together with family and in-laws.

Because same-sex adjustment of status cases are still relatively new, the interview was fairly long and the questioning was exhaustive but fair. John Nelson, who handled the adjustment interview, had known the interviewing officer for over two decades and the mood of the interview was congenial and professional. We were well-prepared to show documents supporting the bona fides of the marriage. The officer approved the case on the spot.

The couple is very happy about the result and looks forward to moving forward with their lives. Because their marriage is less than two years old, the non-citizen spouse was granted conditional residency for two years. The couple will be required to provided USCIS with further evidence of their relationship two years from now.

If you are a non-citizen involved in a same sex marriage, contact Nelson & Nuñez to schedule a consultation. Jay Nuñez and John Nelson will personally meet with you to help you better understand the process and whether you have a viable route to permanent residency.